Whether at family gatherings, cocktail parties or making small talk at the gym, when people learn I am a divorce lawyer, they often question whether it makes sense to get married in today’s society, that it is “just a piece of paper”, and that people can simply “shack up” if they want to be together. Continue reading ›
Articles Posted in Divorce
RENT-A-SPOUSE: WILL IT MAKE DIVORCE OBSOLETE?
As I was relaxing on the beach during a recent vacation listening with guilty pleasure to a local Top 40 radio station, Ryan Seacrest and his band of cohorts interrupted the music to discuss the pros and cons of a new model for marriage that had been posited on the Internet and picked up with some seriousness in the mainstream media – a 10 year marriage contract. Continue reading ›
The Evolving Law of Enforcement of Prenuptial Agreements in New Jersey
A prenuptial agreement (also called antenuptial agreement or premarital agreement) is a contract that parties enter into before a marriage (or a civil union) in which they make provisions for equitable distribution of assets and/or spousal support in the event of a divorce. One New Jersey Court stated, “antenuptial agreements fixing post-divorce rights and obligations [are] … valid and enforceable” and courts should “welcome and encourage such agreements at least ‘to the extent that the parties have developed comprehensive and particularized agreements responsive to their peculiar circumstances’.” D’Onofrio v. D’Onofrio, 200 N.J. Super. 361, 366 (App. Div. 1985). Continue reading ›
Are Domestic Partners in New Jersey “Separate But Equal” after the U.S. Supreme Court Decision in United States v. Windsor?
The case of US v. Windsor, 570 U.S. 7, (2013), decided on the last day of the United States Supreme Court’s term on June 26, 2013, declared unconstitutional certain provisions of Bill Clinton’s landmark legislation, the 1996 Defense of Marriage Act, commonly referred to as “DOMA”. Continue reading ›
Getting Started With a New Jersey Divorce
The process of deciding and moving towards a divorce is a vexing and stressful time for anyone. We ask our friends and families questions: some stupid, some obvious, others befuddling and perplexing about what we should do when our marriage is not going as we had hoped or planned. Continue reading ›
How the Fair Value of a Business Interest is Determined in a New Jersey Divorce for Purposes of Equitable Distribution
In 1971, New Jersey enacted Divorce Reform Legislation thereby placing in the forefront an “Equitable” standard for the distribution of property when people divorce, replacing the long previously held universal rule that when people divorce, property is divided according to title to the property. Continue reading ›
The Matrimonial Litigation Process in New Jersey – In a Nutshell
The decision to seek a divorce is often difficult and painful. There is uncertainty about your future and possibly your children’s futures, and you may likewise be uncertain about what the Family Court process actually entails with regard to getting a divorce. Described below is a very brief outline of the matrimonial litigation process:
Part One: The Issue of Domicile in Non-Custodial Divorce Cases – Is New Jersey still my home?
The New Jersey State motto is “Liberty and Prosperity.” Therefore, it should come as no surprise that New Jersey is home to the third largest percentage of millionaires in the Continue reading ›